How to Investigate Animal Cruelty in NY State – A Manual of Procedures

NEW YORK STATE PENAL LAW

Article 195

OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS GENERALLY

§ 195.06 Killing or injuring a police animal

A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.

Killing or injuring a police animal is a class A misdemeanor.

NYSHA’s notes: Additional laws to consider:
See Agriculture & Markets Law, Article 26 Section 353, which deals with causing and permitting suffering of animals. If a person harms or kills a police animal, you can additionally charge the person with a violation of Section 353. Also, consider the possibility of charging the person with Article 26 Section 353a, which deals with killing a companion animal with aggravated cruelty.

§ 195.11 Harming an animal trained to aid a person with a disability in the second degree

A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.

For purposes of this section and section 195.12 of this article, the term “disability” means “disability” as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.

NYSHA’s notes: Additional laws to consider
See Agriculture amp; Markets Law, Article 26 Section 353, which deals with causing and permitting suffering of animals. If a person harms an animal trained to help a person with a disability, you can additionally charge the person with a violation of Section 353.

§ 195.12. Harming an animal trained to aid a person with a disability in the first degree

A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:

  1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or
  2. intentionally kills such animal while it is in the performance of aiding a person with a disability.

Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor.

NYSHA’s notes: Additional laws to consider:
See Agriculture & Markets Law, Article 26 Section 353, which deals with causing and permitting suffering of animals. If a person harms an animal trained to help a person with a disability, you can additionally charge the person with a violation of Section 353. Also, consider the possibility of charging the person with Article 26 Section 353a, which deals with killing a companion animal with aggravated cruelty.